Immigration rights for victims of domestic violence
A battered spouse attorney will be able to let you know if you qualify for the battered spouse petition. Many spouses (especially wives of U.S. Citizens or Lawful Permanent Residents) allow themselves to be continually beaten by their husbands for fear if they say anything they will be deported. Brian D. Lerner, battered spouse attorney, makes clear that you do not have to continue with the abusive relationship. Rather, explains the battered spouse petition, there is an option. You can file a petition under VAWA (Violence against Women’s Act) known as the battered spouse petition. It is this petition, Brian D. Lerner, battered spouse attorney explains that if approved will allow you to obtain your lawful permanent residency.
The battered spouse petition, has several different items that must be submitted. The battered spouse attorney will explain that first there must be a legitimate marriage and that the marriage must be bonafide. Brian D. Lerner, battered spouse attorney makes clear that it must be a real marriage and one because of love, not for the Green Card. Additionally, the battered spouse attorney will explain that the actual marriage must be under the law, not a common law marriage. In addition to the following, Brian Lerner, battered spouse attorney, explains that you should always get a psychological report which will show the pain and suffering which you have endured. Thus, you will need to obtain the services of the psychologist and go in significant detail about everything that has happened. The battered spouse attorney will let you know that it will be painful to go over all the details and incidents that have occurred in the past. However, Brian Lerner explains that it is critical to the success of the petition itself.
Another part of the battered spouse petition is the declaration. The battered spouse attorney will give you a detailed interview and will prepare a declaration on your situation which you will have to sign. It will go into great deal, explains Brian D. Lerner, battered spouse attorney. It will explain all the times you were physically beat, all the times you had to go to the hospital. The battered spouse attorney will further prepare put in times and places and dates to make the declaration credible and believable. Without detail, and without specifics, the battered spouse attorney cannot make a coherent and believable argument. Therefore, Brian D. Lerner, battered spouse attorney, makes clear you must relive what has happened and you must be honest with your battered spouse attorney and your psychologist. Without honesty and without reliving the past, it is unlikely to get approved.
Brian Lerner, battered spouse attorney explains that you do not only need to show physical abuse, but it is possible to show only severe emotional abuse as well. In this case, there does not need to be physical abuse and the battered spouse attorney may be able to prove only severe emotional abuse in order to get this petition approved. Many times, if prepared correctly, the battered spouse attorney may be able to show you will prevail on this petition even if you are the husband. Sometimes, if it is the husband who is filing this petition, he could certainly show financial threats and deportation threats and a variety of other threats that could lead to showing severe emotional abuse.
The battered spouse attorney will be able to explain that this petition is the first petition to try to obtain residency. In fact, if the battered spouse petition is approved, then you can apply for residency. You will be able to apply for adjustment of status regardless if you are here in the U.S. legally or illegally. Additionally, if you are inadmissible, explains Brian D. Lerner, battered spouse attorney, you can file waivers of inadmissibility. Sometimes, if you can show that the inadmissibility is related to the abuse, you will be able to have a better chance of getting the waiver approved as will be explained by the battered spouse attorney.
Brian Lerner explains that at the adjustment interview that the officer has no right to go back into the facts of the abuse. It is only to determine eligibility to adjust status. This is all the more reason, explains Brian D. Lerner, battered spouse attorney that you should have an attorney present at the interview. This will allow the battered spouse attorney to interject the proper argument should the officer start going off to left field with the questions and trying to get you to recant or reprove all the elements of the battered spouse petition.
It is unfortunate that there is physical and mental abuse committed on immigrants espouses Brian D. Lerner, battered spouse attorney. However, on the other hand, it is fortunate that those people who are victims are able to apply for the battered spouse petition. Just make sure that if you’re going to apply for the battered spouse petition that you hire a qualified and experienced battered spouse attorney.